Los Angeles daily herald., 1887-09-05
DAILY HERALD
COURTS OF JUSTICE.
How Trials are Conducted
in England.
SOME CURIOUS OBSERVANCES
The Custom Of Wig-Wearing Gen
orally Observed-City and
County Trials.
COURTS OF JUSTICE.
SOME CURIOUS OBSERvANCEs

County Trials.
Those who have had an opportunity
Of personally comparing the method
in which the law is dispensed in
America with that of England, cannot
fail to have been impressed with the
complete and utter metamorphosis in
the surroundings. The pomp and
of the bench which are
valued so lightly in this country are
strictly adhered to by the English
jurists, and to break down one OF the
precedents of the order would be an
act of charlatanism which could
never be entertained there. The
scene in an English court OF justice is
certainly an attractive and imposing
one. On the bench which is sur
mounted by the royal court OF arms
sits the Judge bewigged and err
mined in a chair OF state
surrounded by luxurious cur
tains and with an array Of
legal authorities on either hand. If
the visitor should happen to enter one
of the supreme courts, that OF the
Queens Bench for instance, he would
find three judges seated side by side
on the tribunal of Justice, in front OF
them long rows of white-wigged bar
risters and solemn ushers, who by
warning gestures invoke silence at the
slightest sound of disorder or turbu-
lence. There is always a part OF the
room reserved for spectators, but dur
ing the procedure of any case they are
kept under the strictest surveillance.
AS regards the headdress worn by the
members of the bar as their import
ance increases 30 does the length OF
their wigs. The barrister who has
Just been admitted to practice wears a
short close periwig knotted behind,
after the style OF the
peruke OF the Georgian era.
Then the Queens counsellors-who
are retained to plead for the Govern
ment in all cases affecting the Crown
wear little longer wig-the ser
xeants-at-law similar covering, while
the judges have the long folds OF their
coiffure bearing down on to their
shoulders. Who the first judge was
that
INTRODUCED THIS CUSTOM
Into the courtroom is historically un-
known, but it is certain that the fash
ion is one of great antiquity. In one
of the Egyptian mummy-cases in the
British Museum at London is to be
seen wig that is supposed to be 1000
years old, but whether its original
possessor was judge or not its his
tory fails to state. Aenophon men
tions that Astyages, the last king of
the Media, who was deposed by Cyrus
$50 B. c., wore an immense wig, and
there are other records to show that it
has continually been associated with
legal authority.
To return to the subject Of the
courtrooms. AS an instance
of the restrictions which are placed
on even visitors it may be mentioned
that few weeks ago the judge OF West
minister county Court severely repri-
manded an individual who had the
courage to enter the justice hall in his
shirt sleeves. 1t was SO degrees in the
shade at the time, and the offender
was a working-man who had
been subpenaed as witness, but he
was informed by the occupant of the
bench that ii he ventured to repeat
such conduct, he would be punished
for contempt of court. The coatless
one replied that he had never heard OF
an Act of Parliament, which compelled
a man to wear coat in court, but he
was sternly rebuked from the bench,
and informed that there was a written
law of custom which could not be in
vaded with impunity.
THIS UNwRIrTEN LAW
Pervades all English council-cham-
bers, and nowhere is it more notice.
able than in the highest tribunal of
English justice, the House of Peers.
To an American the spectacle of the
Lord Chancellor, clad in ermine and
velvet, solemnly bowling to an empty
chair which represents the soverei nty
of the realm, although its holder may
at the time be 900 miles away. at Bal
moral, is very ludicrous-and prob
ably he mal think so, too, although
he dare not utter a word which would
lead any one to think that he was a
scoffer at the inevitable precedent"
that moulds all the surroundings. The
House of Lords is the supreme
Court of Appeal in England and case
may be taken there after it has been
decided on by the Chief Justice of
England, The writer was witness Of
a debate there on case which had
been appealed from the Chief Justices 8
Court, a few years ago. 1t was ques-
ton involving the right to the salmon
in a certain stream, and in its discus
sion the celebrated Lord Beaconsfeld,
better known as "Dizzy," took a part.
OF those who were present who knew
nothing or very little about law they
chewed the cud OF moral reflection and
wisely held their peace, but the argu-
ment was maintained by such brilliant,
noble jurists as Lords Cairns and Cole
ridge.
The ordinary police courts are gen.
orally under the sway of some magis-
trate who is taken as rule from the
ranks of able criminal lawyers.
JUSTICE is NOT TEMPERED
Very much with mercy, as the classes
who are brought into conjunction with
this court generally belong to the
lower or criminal element. The fines
imposed are much lighter than is
usual in the American courts, an ordi-
nary drunken case being generally let
off on payment of rs Cd, or about
$1.75, while an assault, if not griev-
GUS one, calls forth fine of abont S..
In the country towns the power of
the law is placed in the hands of what
is known as the Sessions, and most of
the rich land owners are also Justices